Legislature(2003 - 2004)

2004-03-24 Senate Journal

Full Journal pdf

2004-03-24                     Senate Journal                      Page 2629
SB 227                                                                                            
SENATE BILL NO. 227 "An Act relating to municipal initiative and                                    
referendum elections" was read the second time.                                                     
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
2343. Without objection, CS FOR SENATE BILL NO. 227(STA) was                                        
adopted.                                                                                            
                                                                                                    
Senator Gary Stevens offered Amendment No. 1:                                                       
                                                                                                    
Page 1, line 11:                                                                                    
      Delete "within 75 days, but not sooner than 45 days after                                     
certification"                                                                                      
      Insert "[WITHIN 75 DAYS, BUT NOT SOONER THAN 45                                               
DAYS AFTER CERTIFICATION]"                                                                          
                                                                                                    
                                                                                                    

2004-03-24                     Senate Journal                      Page 2630
Page 2, lines 7 - 8:                                                                                
      Delete "within 75 days, but not sooner than 45 days after                                     
      certification"                                                                                
      Insert "[WITHIN 75 DAYS, BUT NOT SOONER THAN 45                                               
      DAYS AFTER CERTIFICATION]"                                                                    
                                                                                                    
Senator Gary Stevens moved for the adoption of Amendment No. 1.                                     
Senator Guess objected, then withdrew her objection. There being no                                 
further objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
Senator Ben Stevens offered Amendment No. 2:                                                        
                                                                                                    
Page 1, line 1, following "municipal":                                                            
      Insert "runoff elections and to municipal"                                                  
                                                                                                    
Page 1, following line 2:                                                                           
      Insert new bill sections to read:                                                             
"* Section 1.  AS 29.10.200 is amended by adding a new paragraph                                  
to read:                                                                                            
                    (64)  AS 29.26.060(e) (runoff election for mayor).                             
   * Sec. 2.  AS 29.26.060(a) is amended to read:                                                 
            (a) Unless otherwise provided by ordinance, a runoff election                           
            shall be held if no candidate receives over 40 percent of the                           
            votes cast for the office of                                                            
                   [(1)  MAYOR; OR                                                                  
                   (2)]  member of the governing body or school board if                            
                   candidates run for a designated seat.                                            
   * Sec. 3.  AS 29.26.060 is amended by adding new subsections to                                
read:                                                                                               
            (d)  Unless otherwise provided by ordinance, a runoff election                          
            shall be held in a municipality with less than 100,000                                  
            residents if no candidate receives over 40 percent of the votes                         
            cast for the office of mayor.                                                           
            (e)  A runoff election shall be held in a municipality with at                          
            least 100,000 residents if no candidate receives over 50                                
            percent of the votes cast for the office of mayor.                                      
            (f)  Subsection (e) of this section applies to certain home rule                        
            and general law municipalities."                                                        
                                                                                                    
                                                                                                    

2004-03-24                     Senate Journal                      Page 2631
Page 1, line 3:                                                                                     
      Delete "Section 1"                                                                          
      Insert "Sec. 4"                                                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Ben Stevens moved for the adoption of Amendment No. 2.                                      
Senator Ellis objected.                                                                             
                                                                                                    
Senator Guess moved for the adoption of the following amendment to                                  
Amendment No. 2:                                                                                    
                                                                                                    
In Sec. 3(d):                                                                                       
      Delete "with less than 100,000 residents"                                                     
                                                                                                    
In Sec. 3(e):                                                                                       
      Delete "with at least 100,000 residents"                                                      
                                                                                                    
Senator Ben Stevens objected.                                                                       
                                                                                                    
The question being: "Shall the amendment to Amendment No. 2 be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSSB 227(STA) am                                                                                    
Second Reading                                                                                      
Amendment to Amendment No. 2                                                                        
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson                                                                                               
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the amendment to Amendment No. 2 was not adopted.                                           
                                                                                                    
Senator French moved for the adoption of the following second                                       
amendment to Amendment No. 2:                                                                       
                                                                                                    
In Sec. 3, following "(e)":                                                                         
 Insert "Unless otherwise provided by ordinance"                                                    

2004-03-24                     Senate Journal                      Page 2632
Senator Ben Stevens objected.                                                                       
                                                                                                    
The question being: "Shall the second amendment to Amendment No.                                    
2 be adopted?" The roll was taken with the following result:                                        
                                                                                                    
CSSB 227(STA) am                                                                                    
Second Reading                                                                                      
2nd Amendment to Amendment No. 2                                                                    
                                                                                                    
YEAS:  9   NAYS:  10   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson                                                                                               
                                                                                                    
Nays:  Cowdery, Green, Ogan, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Bunde                                                                                      
                                                                                                    
and so, the second amendment to Amendment No. 2 was not adopted.                                    
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
Amendment No. 2 was before the Senate.                                                              
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 227(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson                                                                                               
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-24                     Senate Journal                      Page 2633
Senator Ben Stevens moved and asked unanimous consent that CS                                       
FOR SENATE BILL NO. 227(STA) am "An Act relating to municipal                                       
runoff elections and to municipal initiative and referendum elections"                              
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 227 (STA) am was read the third time.                                        
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 227(STA)                                          
am "An Act relating to municipal runoff elections and to municipal                                  
initiative and referendum elections" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 227(STA) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson                                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 227(STA) am passed the Senate.                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.